Lower v Roy

Landlord wins · Kitchener · 2021-01-15

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

K.M., K.M.

Tenant

C.R.

Tenant rep

Tenant Duty Counsel

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 26, 2021. The Tenant must pay the Landlords $8,227.44, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $28.41 per day for compensation for use of the unit starting January 16, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by January 26, 2021, the Landlords may file the order with the Sheriff to enforce the eviction.